1. Acceptance of Terms
By accessing or using the OriAsia platform available at oriasia.com (the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Platform.
These Terms constitute a legally binding agreement between you and OriAsia ("we," "us," or "our"). We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a notice on the Platform. Your continued use after such notice constitutes acceptance of the revised Terms.
2. Service Description
OriAsia provides the following services:
- Property analytics: Market data, price trends, yield calculations, and district comparisons for Thailand real estate.
- Property listing marketplace: A platform where real estate agents can list properties and users can browse, search, and filter listings.
- Connection service: Facilitating communication between property seekers and real estate agents through our inquiry system.
- Educational tools: School proximity maps, investment scoring, and neighborhood information.
Important: OriAsia is NOT a real estate agency, broker, or licensed real estate advisor. We are a technology platform that provides information and facilitates connections. We do not participate in, mediate, or guarantee any real estate transactions.
3. Disclaimers
Please read this section carefully as it limits our responsibility regarding the accuracy and reliability of information on the Platform.
- Property data displayed on the Platform is sourced from third-party providers, public records, and real estate agents. We do not independently verify the accuracy, completeness, or currency of this data.
- We do not guarantee the accuracy of property prices, availability, dimensions, or any other property details. Listings may contain errors, be outdated, or reflect properties that are no longer available.
- Price estimates, analytics, yield calculations, and market trends are provided for informational purposes only. They are not a substitute for professional real estate appraisal, financial advice, or legal counsel.
- Property photographs and virtual representations may not accurately reflect the current condition of a property. We recommend conducting a personal inspection before making any decisions.
- We are not responsible for any transactions, agreements, or disputes between users and real estate agents. Any arrangements made between parties are solely between those parties.
- Investment scores, ROI projections, and rental yield estimates are algorithmic calculations based on available data and should not be relied upon as investment advice.
4. User Accounts
- You must be at least 18 years of age to create an account on the Platform.
- You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- Each individual may create and maintain only one account.
- You must provide accurate and complete information when creating your account and keep it up to date.
- You must promptly notify us of any unauthorized use of your account or any other security breach.
- We reserve the right to suspend or terminate accounts that violate these Terms, at our sole discretion.
5. Agent Terms
The following additional terms apply to users who register as real estate agents on the Platform:
- Agents must be licensed real estate professionals where required by applicable law.
- Agents are solely responsible for the accuracy, completeness, and legality of their property listings.
- Agents must not post false, misleading, or deceptive property information, including manipulated photographs, inaccurate prices, or properties they are not authorized to list.
- We reserve the right to remove any listing that violates these Terms or applicable laws, without prior notice.
- Agents agree to respond to user inquiries in a professional and timely manner.
- When monetization features are active, agents agree to pay all applicable fees as outlined in the relevant pricing documentation.
6. Prohibited Activities
You agree not to engage in any of the following activities:
- Data scraping or harvesting: Using automated tools, bots, or scripts to extract data from the Platform.
- False or misleading content: Posting inaccurate property listings, fake reviews, or deceptive information.
- Spam or unsolicited contact: Using the Platform to send unsolicited commercial messages or contact users for purposes unrelated to legitimate property inquiries.
- Platform interference: Attempting to disrupt, disable, or overload the Platform or its infrastructure.
- Fake accounts: Creating multiple accounts, impersonating others, or using fictitious identities.
- Security circumvention: Attempting to bypass authentication, access controls, or other security measures.
- Illegal activity: Using the Platform for any purpose that violates applicable laws or regulations.
7. Intellectual Property
7.1 Our Content
The Platform and its original content, features, design, code, analytics algorithms, logos, and functionality are and remain the exclusive property of OriAsia and its licensors. They are protected by copyright, trademark, and other intellectual property laws.
7.2 User Content
By submitting content to the Platform (such as property inquiries, reviews, or messages), you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content in connection with operating the Platform.
7.3 Agent Listings
Agents retain ownership of their property listing content. By publishing listings on the Platform, agents grant us a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute the listing content for the purpose of operating and promoting the Platform.
8. Limitation of Liability
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
To the fullest extent permitted by applicable law:
- We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data loss, goodwill, or other intangible losses.
- We are not liable for the conduct, actions, or omissions of any real estate agent, user, or third party.
- We are not liable for the condition, legality, or suitability of any property listed on the Platform.
- We are not liable for any disputes arising from transactions between users and agents.
- Our maximum aggregate liability for any claim arising from or related to your use of the Platform shall not exceed the greater of: (a) the total fees you have paid to us in the 12 months preceding the claim, or (b) USD $100.
9. Indemnification
You agree to indemnify, defend, and hold harmless OriAsia, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the Platform
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you submit to the Platform
If you are an agent, you additionally agree to indemnify us against any claims arising from your property listings, including claims of inaccuracy, misrepresentation, or infringement.
10. Dispute Resolution
- Governing law: These Terms are governed by and construed in accordance with the laws of the Kingdom of Thailand.
- Negotiation: In the event of a dispute, the parties agree to first attempt to resolve the matter through good faith negotiation for a period of at least 30 days.
- Arbitration: If negotiation fails, any dispute shall be resolved through binding arbitration in Bangkok, Thailand, conducted in the English language, in accordance with the Arbitration Rules of the Thai Arbitration Institute.
- Class action waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as part of a class, consolidated, or representative action.
11. Termination
- We may suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice, for any violation of these Terms.
- You may delete your account at any time through your account settings or by contacting us at [email protected].
- Upon termination, the following sections survive: Disclaimers, Limitation of Liability, Indemnification, Intellectual Property, and Dispute Resolution.
- We are not liable to you or any third party for any termination of your access to the Platform.
12. General Provisions
- Entire agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and OriAsia.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Assignment: You may not assign or transfer your rights under these Terms. We may assign our rights without restriction.
If you have questions about these Terms of Service, please contact us: